Summary of Good Practice Recommendations

All parties have a responsibility to:

• take an active and realistic approach to finding a workable solution

• agree on expectations and engagement arrangements of all parties in writing before commencing a project

• refer to good practice in Arts Law’s contract templates 

• ensure each party has access to clear and transparent information to maintain agency in decision making

• maintain open and respectful communications throughout an engagement

• express concerns early, clearly and succinctly 

• listen and take any issues seriously 

• maintain confidentiality

• should a grievance arise, first work to address the root source of the issue to prevent it escalating into a dispute

• if a dispute cannot be resolved, seek a negotiated resolution

• if negotiation fails, access Assisted Dispute Resolution (ADR) options 

Organisations have a responsibility to:

• meet legal obligations in the areas of employment, taxation, contracts, intellectual property, Indigenous Cultural and Intellectual Property rights and consumer rights

• establish transparent policies and procedures to manage conflict

• ensure culturally appropriate dispute resolution mechanisms are available

• develop standard agreements for staff and artists, detailing a dispute mechanism

• mitigate against power imbalances which place the other party at a disadvantage

Artists have a responsibility to:  

• understand written agreements, responsibilities and options available to them

• seek professional or legal advice, especially if there are power imbalances

• follow recommended dispute resolution  processes